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I'm wondering how strong of a case I have

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hemipepsis5p

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Hello everyone,

So I was diagnosed with bipolar disorder about 2 years after I got out of the Army (left Army in November 2011, diagnosed in Jan 2014). While I was in the Army, after my second deployment, I'm very certain I entered a hypomanic state (I was having racing thoughts, pressured and rapid speech, grandiose thoughts, and a decreased need for sleep). I know now what hypomania feels like because it happens to me every so often and I have to have my medication dosage increased.

The details are that basically after my second deployment my buddies and I came back from Iraq, and most of them were stop-lossed and ended up leaving 1-2 months after we returned. I was basically on my own in a whole new platoon and really just fell apart. This is documented on my post-deployment health assessment, where I asked to see a therapist and documented my drinking problem and the problems I had been having with irritability and whatnot. Also, I specifically remember having a plan to move to New Haven, CT and write a philosophy book which would make me famous and help me get into Yale once I impressed Yale professors at book signings. It's really pretty embarassing to admit that and I know now that I was completely delusional. I still had 6 months left on my contract when I was forming plans like this, and I was drinking up to 1/5 of Jim Beam per night starting at 6pm and ending at 2am, chugging a bunch of water, stuffing my face with food, then racking out until 5:50am and getting up for PT and doing a full, normal day on 4 hours of sleep. This went on for about two months until my PLSGT caught wind of how much I was drinking and I ended up cutting back. I remember having tons of energy and being very irritable. The anger and drinking problems are on my PDHRA.

After I got out of the Army, I entered a bout of moderate depression and saw some VA psychiatrists. I was tested for ADHD, diagnosed with OCD and depression, and put on an antidepressant. I believe that this made me hypomanic again (when a bipolar person is given a regular anti-depressant, that is, an SSRI, the medication typically causes rapid onset of hypomania/mania, sometimes even resulting in hospitalizations), and about 2 months after being on Prozac I dropped out of college and moved to Connecticut with the idea of becoming a world famous chef. A few of my friends lived in CT and one of them worked at a restaurant. Iron Chef (the old, Japanese one) has always been one of my favorite shows, cooking was my biggest hobby, and I was confident that one day I would be as good as Iron Chef Sakai or Iron Chef Kenichi, my two favorites from the show, or Gordon Ramsay, who is still one of my idols. When a cooking job didn't materialize, I ended up going to college for psychology and gained a boatload of insight into my condition, and suffered through horrible anxiety, depression, and alcoholism until I finally went to a general provider for it (the depression, mainly). He prescribed me an antidepressant and told me to meet him in a week. I came back a week later feeling absolutely amazing, with the same symptoms I had had way back in the Army and back when I decided to pursue being a chef; racing thoughts, grandiose delusions, rapid speech, irritability, etc... He told me "Wait here, I'll be back in a little bit..." and he left and closed the door and I heard his muffled voice along with a female colleagues and she sounded very concerned. He came back in and told me I wasn't supposed to feel much of anything until the 6-week mark, and he is 100% certain that I have bipolar disorder, and I need to find a psychiatrist. I did just that, and am now a happy camper (compared to being suicidal, lol) making his way through undergrad for a computer science degree.

It's been 2 years now since I was diagnosed with Bipolar disorder, but I vividly remember having the symptoms back on active duty. I requested my complete VA medical history and they sent it to me, but this was years ago, and I do remember my first psychiatrist had written in his notes "observe for possible hypomania." That was about 5 months after I had left the Army, and that was when he started me on the Prozac. I have requested my complete medical record once again and plan on "putting together my case."

I guess my question is "What are the odds of me getting my bipolar disorder connected to my service?" I'm looking to start the disability process as my treatment is really expensive and I've finally stopped feeling ashamed about all this.

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I got a vet friend of mine SC at 100% P & T  from "0" NSC ,many many years after his discharge.(BVA decision)

He was getting SSDI solely for Bi polar for many years..

The biggest piece of evidence he had was his inservice personnel file that revealed a Capt's Mast disciplinary action, which I felt was due to the Bi Polar .He had described in detail to me what he had done. And what others said he did that he didn't recall.

I knew his VA shrink well and wrote up my lay opinion with the SMR, 201 stuff, and the VA shrink agreed that this was his first manifestation of Bi polar on board ship (USN).The claim was still in limbo headed for the BVA.

His retro was over 1/4 a million. And they made this spouse his fiduciary (which was a very good idea)

 

This claim took over 10 years. Primary because he was a DOM pt here at Bath VAMC in NY but then they booted out all NSCs from the DOM and he was declared homeless until the wife took him back-they had been separated due to the disability.

When he left this area we didn't keep in touch too often and he did not follow my advise for many years...to fill out the SF 180 for all of his military records, to include his SMRs and complete personnel file, including any disciplinary actions in it. Finally he got that done.

The VA shrink agreed that there was no other etiology of the initial manifestation ( Capts Mass or Mast?- I don't speak Navy well)

of his Bi Polar pre service. He wanted to take me to lunch to thank me......lunch in Ireland....that too was a manifestation of his bi polar.I didn't go.

These types of claims can be won but they need lots of leg work , reseaqrch, maybe buddy statements (he didn't have any) and a strong medical opinion to support the nexus factor.

Make sure you get your complete personnel file to include any possible disciplinary actions taken.

Bipolar is rough to deal with. And VA does not make any of this easy , whether the vet has a MH or physical disability ,or both.

 

 

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Wow, Berta's answer is so good its tough to follow, but I will still input my 2 cents.  

There is often a disconnect between "what happened" and "what was documented that happened." 

Documentation is almost never perfect.  

Therefore, I recommend you order your Cfile and medical records and apply if you have not yet done so.

It would have been better if you applied within a year of getting out of service, but it did sound like you got treated within a year of leaving service so that may help a bunch.    

It sounds like you probably will need competent help, and mega persistence to win this. Also, Some good documention (favorable evidence) will go a long way. 

In the mean time, are you working?  If you are, then continue to work as long as possible.   If you are not working, and dont have big bucks, then you could likely get a pension while you are waiting the outcome of your other PTSD/depression/bipolar etc. claim, since its almost certainly going to involve appeals (they always do) and its taken 4-5 years for appeals to the BVA.  You could be one of the lucky ones and get it right away, I just dont know.  

IN summary, apply for NSC pension and benefits for "mental health disorder" to include Bipolar, depression, or PTSD.   

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WOW, thanks for mentioning that! It will Definitely help! Make sure the VA gets that info!

I feel you fall into the Chronic Presumptive regulations:

http://community.hadit.com/topic/43631-chronic-presumptive-regs/

I was thinking of the vet I helped years ago, when I woke up...and how long his claim took. He did have a MH breakdown and was hospitalized after discharge but it was 3 years after his discharge so those regs didn't help him at all.

Broncovet is right. Claim every potential theory of entitlement by stating psychosis, Bipolar, anxiety, depression etc...so that you do not get locked into one MH issue, and then have VA find you have a different MH issue that you didn't claim, and , because of that, they can deny.

 

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Exactly.   This doc said you are bipolar, but the next one could say you have PTSD, and still another MDD.  Then, your c and p examiner could come along and say you are none of these, that you are manic depressive.  And they like to deny on that, even tho I dont think that denial would stick at the cavc.  But, dont take chances, just seek them all, as you probably dont know for sure unless you are a doctor.  And, dont forget to ask for pension, too, if you are not working, as getting your full benefits often takes 5 years or more, and you probably dont want to starve for those 5 years.  My Mental health doc told me this..go ahead and seek pension if you are not working.  I wish I would have known to apply for pension 3 years earlier...it might have saved my house from foreclosure.    My VSO did not tell me, and he knew I was in foreclosure.  And he knew I was eligible because he knew when I was in the military. (Only "war time" Vets can get pension). 

This VSO saved the VA 3 years of pension, and cost me my home.  But the fat lady has not sang yet, so its not over till its over.  Im still fighting for those 4 years of benefits from 2002 when I applied, until 2006 when my effective date was.  Those 4 years of lost benefits happened because 1) I did not know to seek all of them and 2) The Va shredded and/or ignored evidence.  

I tell you this not to make the mistakes I made.  My first mistake was trusting my VSO, and the second was trusting VA, that when you send VA something they act on it and put it in your records.   

I asked a doctor to help me and fill out my student loan forgiveness papers in 2006.  He did, and did a nice job with a 7 page report detailing my unemployability.  So, I send that report to the student loan people and they forgive my student loan, and send a copy to VARO.  I knew I had great evidence. 

Earlier this month, I got a board denial and they, inexplicably specifically did not use this 2006 report as evidence, and considered "only" evidence from 2002- 2006 (one month before this favorable report).  

The law says the VA has to consider "ALL" the evidence, but by bypassing this law, they get out of paying 4 years of retro.  They did this because VA is in the process of "killing" Bradley vs Peake, prohibiting consideration of TDIU once you are at 100%, by changing the laws.  

Even if VA succeds in "killing" BP, with a new law prohibiting an award of IU for 100% Vets, they are not changing the law that says VA has to consider "all" the evidence.  My lawyer knows the VA will fail, but they will get to drag out my 14 year old claim even longer.  This is the VA's MO.  "Deny when you can, but if you can not, delay as long as possible and maybe the VEt will die or give up".

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